(8) Col. Surender Singh vs /13 Union Of India Vs. Jagdish Prasad ... on 28 July, 2014
7/13 Union of India vs. Jagdish Prasad Gupta
Further, the back side of the bungalow no. 1 and the bungalows no. 45/3 B to
45/6 B, situated on the plot no. 45, acts as the boundary wall separating the plot
no.45 from the plot no. 39 and the passage is the part of the plot no. 39.
Therefore, it can be held that the plaintiffs are claiming the right to access from
the back side of their property i.e. the said property through the passage falling
in plot no. 39. Now the question arises as to whether the easement of necessity
claimed by the plaintiffs pertaining to the passage is sustainable in law.